Inghams Enterprises Pty Ltd v Sok

(2014) 87 NSWLR 198; [2014] NSWCA 217

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Appeal to Deputy President
3. › Scope of appellate function
4. › Whether appeal limited to errors of law
5. › Whether Deputy President failed to engage with alleged errors of fact
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352(5)
1. Workers' Compensation
2. › Jurisdiction of Workers Compensation Commission
3. › Work capacity decisions
4. › Whether jurisdiction excluded over matters that could be subject of work capacity decision absent such decision
5. › Workers Compensation Act 1987 (NSW), ss 43, 44, Sch 6 Pt 19H cl 14

Quick Take

Section 43(3) of the Workers Compensation Act 1987 (NSW) does not exclude the jurisdiction of the Workers Compensation Commission over disputes about weekly compensation payments merely because the subject matter could potentially be the subject of a work capacity decision; an actual work capacity decision must have been made. When reviewing whether a Deputy President misconceived the scope of an appeal under s 352(5), the court must consider the reasons as a whole, not isolated words or phrases.